Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3109 of 2021 Petitioner :- Abhi @ Chhotu @ Abiral Dixit And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioners for issuance of writ, order or direction in the nature of certiorari quashing the impugned FIR dated 19.2.2021 registered as Case Crime No. 0045 of 2021, under Sections 363, 504, 506 I.P.C. at Police Station Mohammdabad, District Fatehgarh.
Petitioner No.2 has come up before this Court conveying that she was never allured by petitioner No.1 rather she has happily married him. The brother and father of the petitioner No.1 have been falsely implicated by respondent No.4 who is relative of petitioner no.2.
No charge sheet has yet been submitted and the petitioner Nos. 1, 3 and 4 apprehend arrest despite the fact that petitioner No.2 stated that her date of birth is 11.5.2002 as per her Aadhar Card.
Petitioner no.1 is also a young boy and after consent they have married on 4.3.2021 as per Hindu Rites and after that they have applied for registration of the marriage.
With these observations, it is prima facie found that the petitioner No.2 having married with petitioner No.1, it cannot be said that she has been allured.
As the petitioners have filed only the xerox copies of the documents and they have to be verified by the investigating agency.
This writ petition is disposed of with the direction that the investigating agency will get record the statement of the alleged victim petitioner no.2 before the Magistrate after the pandemic conditions were eased/pandemic curfew is over and courts start functioning normally and if the need arises, the investigating agency may get the petitioner No.2 medically examined to ascertain the age of the petitioner no.2 and will act accordingly as per law.
Petitioners namely accused shall not be arrested by the investigating agency till the concurrent and reliable evidence is found against them after the statement of the girl and medical of the girl.
Order Date :- 11.5.2021 A.N. Mishra